What's happening
This bill prohibits landlords from treating unpaid residential utility charges as rent in eviction proceedings.
Why it matters
Prevents landlords from using unpaid utility bills as grounds for eviction. , making it harder for tenants to lose their homes solely because of unpaid charges for services like electricity.
Closes a legal loophole that allowed utility charges to be labeled as "rent,". which previously let landlords fast-track eviction proceedings for tenants behind on utilities, not just actual rent.
Strengthens tenant protections. by ensuring that utility debt cannot be conflated with rent debt in court, reducing the risk of homelessness for tenants struggling with utility payments.
May encourage clearer billing and responsibility for utility payments,. as landlords can no longer leverage the threat of eviction for unpaid utility charges, potentially leading to fairer arrangements and negotiations between tenants and landlords.
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Who cares
Headline styles
Stop Utilities as Rent
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Reported referred to codes
- Referred to energy
- Referred to energy
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Bar Utility Charges as Rent
In Senate Committee · Energy And Telecommunications · Sponsor Kevin S. Parker
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2365
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. RODRIGUEZ -- read once and referred to the Committee on Energy
AN ACT to amend the public service law, in relation to the collection of charges for residential utility service deemed to be rent
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative findings and intent. The legislature hereby finds that deeming by owners of charges to residential tenants for electric service to be rent is not in the public interest and should be prohibited.
§ 2. The public service law is amended by adding a new section 75-a to read as follows:
§ 75-a. Defense in case of charges for residential utility service deemed to be rent. In an action or proceeding brought in any court for possession of real property by reason of unpaid charges claimed by the owner or his or her agent for utility service, if it is alleged and established that charges for utility service to any residential tenant are deemed to be rent under the terms of any arrangement or agreement relating to rental of residential property, no recovery of possession shall be had therein, and the fact that charges for utility service for residential use are deemed to be rent shall be a complete defense to such action.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06941-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.